Recently, the US Department of Housing and Urban Development (HUD) proposed a new rule to address discrimination on the basis of “gender identity.” While we agree that persons should not be discriminated against vis-à-vis access to fair housing, regardless of their stated or perceived gender identity, we are concerned about the impact of this new rule on existing protections for vulnerable women and children, particularly in homeless shelters.

We also believe that existing sex-based statutes and protections are being eroded by executive branch rulemaking instead of careful deliberation and considered action by our elected representatives.